International Trade

  • May 22, 2015

    Big Banks Never Stopped Rigging Forex Market, Suit Says

    The day after the U.S. Department of Justice announced a $5.6 billion settlement with five big banks, JPMorgan Chase & Co., Barclays PLC and others are once again being accused of rigging the foreign exchange market, this time by a putative class of bank customers who claim the conspiracy continues to this day.

  • May 22, 2015

    State Dept. Floats Changes To Arms Traffic Regulations

    The U.S. Department of State on Friday floated several changes to licensing rules for U.S. workers providing defense services abroad, removing hurdles for work in North Atlantic Treaty Organization countries and those in Foreign Military Sales agreements with the U.S.

  • May 22, 2015

    CIT Nixes Challenge To Commerce's Refractory Brick Ruling

    The U.S. Court of International Trade on Friday upheld the Department of Commerce's revised determination that refractory bricks used in steel manufacturing imported by Fedmet Resources Corp. are not subject to remedial tariffs, concluding that its decision aligned with a Federal Circuit finding from last June.

  • May 22, 2015

    Nokia Tells ITC It Didn't Infringe InterDigital Network Patents

    Nokia Corp. asked the International Trade Commission on Thursday to review an administrative law judge's ruling that it and Microsoft Corp. infringed two of InterDigital Communications Inc.'s smartphone network-connection patents, arguing in a redacted filing the infringement determination was at odds with a prior decision.

  • May 22, 2015

    US Sanctions Iraqi Airline For Airbus Sale To Iran

    The U.S. Department of the Treasury on Thursday sanctioned an Iraqi airline company and others for illicitly selling commercial aircraft to an Iranian airline accused of sponsoring terrorism.

  • May 22, 2015

    SEC Flexes Bigger FCPA Muscles In $25M BHP Billiton Case

    When it charged BHP Billiton Ltd. $25 million for violating the Foreign Corrupt Practices Act, the U.S. Securities and Exchange Commission sent a powerful message to corporations that it’s willing to impose hefty fines for compliance failures even when no bribery is alleged to have taken place.

  • May 22, 2015

    Magna Wants TRW Held Liable For Car Camera Infringement

    Magna Electronics Inc. is asking the U.S. International Trade Commission to revise an April determination finding that even though fellow General Motors LLC supplier TRW Automotive US LLC indirectly infringed Magna’s driver assistance camera patent, the competitor is not liable due to a “good faith” belief of invalidity.

  • May 21, 2015

    BNY Mellon To Pay $180M To Settle Forex Class Action

    The Bank of New York Mellon Corp. said Thursday it will pay $180 million to resolve a putative class action brought by institutional investors accusing the company of running a deceptive foreign currency exchange program, according to a document filed with the U.S. Securities and Exchange Commission.

  • May 21, 2015

    CPSC Lumber Liquidators Probe A Clue To Agency's New Tone

    Lumber Liquidators Inc., whose CEO resigned Thursday amid allegations the company sold toxic laminate flooring, faces one of the first high-profile U.S. Consumer Product Safety Commission investigations under Elliot Kaye, which attorneys say can set the tone for the agency's oversight under its new chairman.

  • May 21, 2015

    US Uncuffs Internet Tech-Sharing To Crimea

    The U.S. Department of Commerce on Thursday filed final changes to export rules allowing unlicensed delivery of Internet technology to the politically fraught Crimea region of Ukraine, saying the change will allow Crimeans to reclaim the narrative of daily life from their Russian occupants.

  • May 21, 2015

    Ex-Im Bank Fights Enviros' Challenge To LNG Project

    Halting U.S. Export-Import Bank funding of Australian liquefied natural gas projects in the Great Barrier Reef will not stop the projects or address the claims of environmental groups, the bank argued before a California federal judge on Wednesday.

  • May 21, 2015

    Merkel Calls For US-EU Trade Framework By Year End

    German Chancellor Angela Merkel reiterated the country’s commitment to a proposed U.S.-European Union trade pact on Thursday, telling the Bundestag that Europe aims to nail down the framework for the deal by the end of 2015.

  • May 21, 2015

    Senate Moves One Step Closer To 'Fast-Track' Passage

    The U.S. Senate voted Thursday to set an end to debate on a bill to revive the White House's Trade Promotion Authority, following a hold-up mainly caused by disputes on proposed amendments regarding foreign currency manipulation and Export-Import Bank reauthorization, setting up a possible final vote for Friday.

  • May 21, 2015

    Lumber Liquidators CEO Resigns Amid Formaldehyde Fallout

    Lumber Liquidators Inc. announced Thursday that CEO Robert M. Lynch has resigned “unexpectedly,” as the company continues to grapple with reports that many of its flooring products imported from China contain potentially dangerous levels of formaldehyde.

  • May 21, 2015

    House Committee Votes To Repeal US Meat-Labeling Rules

    The House Agriculture Committee voted to repeal U.S. country-of-origin meat labeling requirements on Wednesday in a bid to avoid potentially billions in retaliatory tariffs from Canada and Mexico after the World Trade Organization said the regulations violate global trade rules.

  • May 20, 2015

    5 Most Galling Lines From Barclays Forex Chats

    “If you ain’t cheating, you ain’t trying.” This isn’t just an overused and cynical sports adage, it’s one of many jaw-dropping exchanges by a group of traders who called themselves the “cartel” and teamed up to manipulate global foreign exchange markets. Here, Law360 looks at a few of the choicest conversation snippets from that trader chat room and others detailed in Barclays PLC's settlements with regulators.

  • May 20, 2015

    Christie Need Not Report Gifts From Friends, NJ AG Says

    New Jersey Gov. Chris Christie has no obligation to disclose gifts he receives that don't constitute income, acting state Attorney General John Hoffman said Thursday in a letter addressing controversy over Christie's lavish perks on a Middle East trade mission and luxury seats at a Dallas Cowboys football game.

  • May 20, 2015

    DOJ Shows Teeth With $5.6B Forex Pact, But Not Sharp Ones

    In wrangling guilty pleas and $5.6 billion from some of the world's largest banks, the U.S. Department of Justice on Wednesday showed it can push the prosecutorial needle without tilting the financial world into chaos. But by shielding institutions from some of the collateral effects of a criminal conviction, the government has done little to deter the next installment of traders behaving badly, experts say.

  • May 20, 2015

    US Top Importer/Exporter Of Distribution Services, ITC Says

    The United States was the world’s leading importer, at $60.2 billion, and exporter, $46.6 billion, of distribution services in 2013, according to a report released on Tuesday by the U.S. International Trade Commission.

  • May 20, 2015

    Canada Will Launch Retaliatory Tariffs Over US Labeling Rules

    Canada will proceed with plans to implement retaliatory tariffs against the United States following a World Trade Organization ruling that U.S. country-of-origin meat labeling requirements are discriminatory, putting pressure on the U.S. to repeal the controversial laws.

Expert Analysis

  • What Was Wrong With BHP Billiton's Compliance Program

    Lisa Prager

    Assistant Attorney General Leslie Caldwell recently reiterated a common theme from enforcement agencies — having a written compliance program on paper is not sufficient. The U.S. Securities and Exchange Commission's settlement with BHP Billiton Ltd. for Foreign Corrupt Practices Act violations is the quintessential case in point, say attorneys with Schulte Roth & Zabel LLP.

  • US Paper Industry Fights Unfair Imports

    Brian McGill

    Due to abundant resource availability and high demand for printed materials, the paper industry has long been an important part of the manufacturing sector in the United States. But unfair imports from a number of countries have negatively impacted production in key segments of the paper industry, particularly for products experiencing declining demand due to the growth of e-commerce, says Brian McGill of King & Spalding LLP.

  • US Loses COOL In WTO Dispute

    Duane W. Layton

    The World Trade Organization Appellate Body issued its long-awaited report rejecting the United States' efforts to remedy its country-of-origin labeling requirements for imported beef and pork products. If the United States allows its current COOL measure to continue in violation of its WTO obligations, Canada and Mexico may seek authorization to impose retaliatory measures, say Duane Layton and Kelsey Rule of Mayer Brown LLP.

  • Emerging IP Issues In The African Marketplace

    Beau Jackson

    The dynamic economic growth occurring across Africa presents new challenges and opportunities in the intellectual property context, say Beau Jackson of Adduci Mastriani & Schaumberg LLP and Jarrad Wood, a student at American University Washington College of Law.

  • DOJ Is Trying To Show Benefits Of Corporate Cooperation

    Ryan Rohlfsen

    Recent Foreign Corrupt Practices Act cases and commentary from U.S. Department of Justice officials illustrate possible costs, benefits and pitfalls in the disclosure and cooperation calculation, say Ryan Rohlfsen and David Nordsieck of Ropes & Gray LLP.

  • Higher Bar For Nonmarket Economy Cos. In Anti-Dumping Cases

    Brenda Jacobs

    As a result of two developments at the U.S. Department of Commerce, a higher bar has been set for companies operating in "nonmarket economies" to establish that their export activities are not subject to government control. NME companies now have a much shorter deadline by which to complete the lengthy application necessary to demonstrate the absence of government control, say attorneys at Sidley Austin LLP.

  • How Are Texas Oil And Gas Cos. Faring In China?

    Greg Krafka

    The sheer size and growth in China’s energy sector over the past few decades demands attention, as do the energy policies of the country's government to influence development. Greg Krafka of Winstead PC explores how Texas-based oil and gas companies are faring in China and discusses the major challenges and opportunities in the years ahead.

  • Understanding Reasonable Certainty In Int'l Arbitration

    Neil Steinkamp

    While reasonable certainty may not be precisely defined in federal or state courts, there is the possibility of even greater ambiguity when considered in the context of international arbitration, say Neil Steinkamp, Elizabeth Shampnoi and Robert Levine of Stout Risius Ross Inc.

  • Does The International Antitrust Debate Really Matter?

    Michael P. A. Cohen

    Three recent events in the antitrust bar led me to ask myself whether there can ever really be grounds to critique another nation’s enforcement of its competition regime, says Michael P. A. Cohen of Paul Hastings LLP.

  • ITC Complainants Must 'Do The Math’ For Domestic Industry

    Alexander Chinoy

    In Lelo Inc. v. U.S. International Trade Commission, the Federal Circuit rejected the notion that showing the “qualitative” significance of a patent owner’s domestic investments can overcome an absence of evidence as to the “quantitative” significance of those investments, providing important guidance for future complainants, say Alexander Chinoy and Ahmed Mousa of Covington & Burling LLP.